§ 9.02.06. Required Notices for Vested Rights Determination Process, Including Public Hearings

A.

Within 15 days of the date of receipt by the county of a completed application for a vested rights determination, the landowner must provide notice of the submission of the application by:

1.

Prominently posting on the property for which the vested rights determination is sought a sign advising of the substance of the claim of vested rights. The sign shall be posted at least 15 days prior to the date of the public hearing by the planning commission. The sign to be posted shall contain substantially the following format.

a.

Public Hearing for Vested Rights Determination:

To Permit: (sufficiently clear to describe the project)
Date:
Time:
To be held in the Commissioners Meeting Room, Administration Building, County Government Center, 3299 Tamiami Trail East, Naples, Florida

2.

The area of the signs shall be as follows:

a.

For properties less than one acre in size, the sign shall measure at least one and one half square feet in area.

b.

For properties 1 acre or more in size, the sign shall measure at least 32 square feet in area.

3.

In the case of signs located on properties less than one acre in size, the sign shall be erected by the County Manager or designee in full view of the public on each street side of the subject property. Where the property for which approval is sought is landlocked or for some other reason the signs cannot be posted directly on the subject property, then the sign or signs shall be erected along the nearest street right-of-way , with an attached notation indicating generally the distance and direction to the subject property.

4.

In the case of signs located on properties one acre or more in size, the applicant shall be responsible for erecting the required sign(s) . A sign shall be erected in full view of the public on each street upon which the subject property has frontage. Where the subject property is landlocked, or for some other reason the signs cannot be posted directly on the subject property, then the sign or signs shall be erected along the nearest street right-of-way , with an attached notation indicating generally the distance and direction to the subject property. There shall be at least one sign on each external boundary which fronts upon a street , however, in the case of external boundaries along a street with greater frontages than 1,320 linear feet, signs shall be placed equidistant from one another with a maximum spacing of 1,000 linear feet, except that in no case shall the number of signs along the exterior boundary fronting on a street exceed 4 signs . The applicant shall provide evidence to the County Manager or designee that the sign(s) were erected by furnishing photographs of the sign(s) showing the date of their erection at least ten days prior to the scheduled public hearing by the planning commission, whichever has jurisdiction. The signs shall remain in place until the date of either the following occurrences: 1) Final action is taken by the board of county commissioners or 2) The receipt of written notification by the County Manager or designee from the applicant requesting to withdraw the petition or requesting its indefinite continuance.

5.

Mailing notice to all property owners within 300 feet of the property lines of the subject property. The mailed notice must briefly state the nature of the claim and must be made via certified mail, return receipt requested, sent at the landowner's expense.

B.

Public notice for vested rights determination hearings held pursuant to section 9.02.04. or section 9.02.08. must be provided by publication at least one time in a newspaper of general circulation at least fifteen (15) days in advance of any public hearing stating the time, place, purpose of such hearing, including a brief statement of the nature of the claim.

C.

For those claims not resolved under section 9.02.03., the landowner must additionally provide the type of mailed notice described in A., above to all persons who have notified the County Manager that they should be considered as an affected person at least twenty (20) days prior to the hearing officer's public hearing.

D.

For those claims not resolved under section 9.02.08, the appealing party must additionally: a) provide the type of mailed notice described in A., above to all other parties at least fifteen (15) days prior to the public hearing, and b) publish the notice for the public hearing required under B., above.

(Ord. No. 04-72, § 3.X; Ord. No. 13-56, § 3.FF)